Arun Parihar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4096 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 13419/2022 (ARUN PARIHAR Vs STATE OF M.P.)

Gwalior, Dated : 24/03/2022

Shri Ankur Maheshwari, Counsel for applicant.

Shri C.P. Singh, Counsel for State.

Case diary is available.

This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. The second application was dismissed by order

dated 09.02.2022 passed in M.Cr.C. No.7081/2022.

The applicant has been arrested on 25.12.2021 in connection

with Crime No.445/2021 registered at Police Station Badarwas,

District Shivpuri for offence under Section 34(2) of Excise Act.

It is submitted by Counsel for the applicant that 72 liters of the

country made liquor was falsely shown to be seized from the

possession of applicant. However, the applicant is in jail for the last

three months. In view of the criminal antecedents, he is ready and

willing to abide by any stringent condition which may be imposed by

the Court including that of furnishing cash surety. The Trial is likely

to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution witnesses.

Per contra, the application is vehemently opposed by Counsel

for the State. It is submitted that as many as 10 more criminal cases

have been registered against him. Out of which, seven offences were

registered under Section 34 or 34 (2) of M.P. Excise Act. The

THE HIGH COURT OF MADHYA PRADESH MCRC No. 13419/2022 (ARUN PARIHAR Vs STATE OF M.P.)

applicant has been convicted in five offences which were registered

under Section 34 of M.P. Excise Act.

Considering the period of detention and without commenting

on the merits of the case, the application is allowed. It is directed that

the applicant shall be released on bail on furnishing cash surety of

Rs.2,00,000/- (Rupees Two Lacs Only) to the satisfaction of the

Trial Court/Committal Court to appear before the Court on the dates

given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Aman AMAN TIWARI 2022.03.24 17:46:51 +05'30'